Sidewalk liquor sales OK'd on 7-1 vote

• Sidewalk cafe

The Cornerstone Coffee House & Deli could offer alcohol served at tables on the sidewalk, as could other downtown restaurants, under an ordinance that received initial approval from the Mitchell City Council Monday night. (Tom Lawrence/Republic)

Talk about it

Cheers! Mazel tov! Skoal!

Anyway they put it, patrons may soon be able to raise a glass filled with an alcoholic beverage in a toast at a sidewalk cafe table in downtown Mitchell.

The Mitchell City Council held the first reading of Ordinance 2397, authorizing the sale or consumption of alcoholic beverages on downtown restaurant sidewalks or walkways, at its Monday night meeting at City Hall.

It was approved quickly, with little comment, by a 7-1 vote, with Councilman Mel Olson voting no.

Councilman Travis Carpenter said he has recently been in St. Louis and Minneapolis and saw many businesses offering such service and heard no complaints.

Several councilmen said they see sidewalk service as another way to make downtown more attractive to businesses and as a way to boost the local economy.

There had been some concern about insurance policies increasing for restaurants that offered sidewalk service when the issue was discussed two weeks ago, but Deputy City Attorney Doug Papendick said insurance costs would not be prohibitive and several councilmen agreed.

“It’s relatively cheap,” Papendick said.

The resolution was slightly altered to define furniture and other personal property that will be allowed and to set guidelines.

Final approval is set for April 2.

Bids awarded

The council awarded five bids Monday.

The bid for the Sanborn, Langdon, West Ash and miscellaneous sidewalk, project 2012-4A, was given to Colwell Concrete, of Mitchell, for $40,689.10.

The bid for the Foster, Gamble, Eighth and miscellaneous sidewalk, project 2012-4B, was awarded to Big O Concrete, of Mitchell, for $96,842.99.

The bid for hazardous sidewalk and miscellaneous sidewalk, project 2012-4C, went to Big O Concrete for $32,075.

The bid for a used 60-foot bucket truck for the parks and Corn Palace project 2012-25 was awarded to Altec NUECO, of St. Joseph, Mo., for $97,900. The vehicle will be paid for by the Parks, Recreation and Forestry Department and the Corn Palace, with the Parks Department paying 75 percent of the cost.

An existing 1984 bucket truck will be placed on surplus and offered for sale.

The bid for the 400 to 700 blocks of West Seventh water and sewer project 2012-21 was awarded to Schoenfelder Construction, of Mitchell, for $92,553.87.

Traffic Commission

The Traffic Commission, which met before the council meeting, approved a request from the Outkast Car Club to close Main Street from First through Ninth avenues and the half block of all side streets except for First, Fifth and Seventh avenues for the Outkast Cruise-in and Car Show on Sept. 22.

The event has become known across the country, said club member Mike Hale, and is popular with car fans and downtown businesses. It draws between 10,000 and 15,000 people, Hale said.

The commission approved a request from Roger Allen to create a no-parking area on the east side of the Pepsi-Cola Theatre to avoid blocking the emergency exit doors. Public Safety Chief Lyndon Overweg said he agreed with the request.

Approved a South Dakota Department of Transportation recommendation to change the lane markings at the intersection of state Highway 37 and 23rd Avenue to an exclusive right-turn only lane as well as a through or left-turn lane for eastbound traffic.

“We think this will improve traffic flow in the area,” Overweg said.

Imagine Guild Inc. received permission for a closure of Main Street from Railroad Avenue to Sixth Avenue on May 26 and that the Fifth and Main and First and Main parking lots be closed for the Memorial Weekend in Mitchell event. The group also received a parade permit for a poker run that day.

The city will waive $1,500 of the $2,300 in fees for the weekend event.

The James Valley Cycle Club received a parade permit for a March of Dimes poker run on May 5.

Scott Morgan was given permission to close 2100 Highland Way in front of Blarney’s and Quiznos and between Blarney’s and the Comfort Inn for the sports bar’s annual threeon-three post high school tournament on July 21.

The Corn Palace Shrine Club received permission to close Main Street between Sixth and Seventh avenues between 8 a.m. and noon on May 1 to allow nursing home residents to load and unload for the annual circus show.

Other business

In other business, the council:

• Set an April 2 date for a hearing on the application of Blarney’s Sports Bar & Grill for a special event liquor license located at the James Valley Nursery on June 1 for the Paws for Cause.

• Held a hearing on the assessment roll for 2011 construction projects and nuisance abatements and adopted Resolution 2974, providing for collection of special assessment rolls for 2011 construction projects and nuisance abatements. People with sidewalk assessments will have five years to pay the bill, while those with alley assessments will have 10 years and those with nuisance abatements have one year. There will be an 8 percent interest rate. Bills for all three that are paid within 30 days starting today will not be charged interest.

• Adopted Resolution 2976, the plat of Lot A in block 22 of the original plat of Mitchell.

• Adopted Resolution 2977, the fiscal year 2012-2013 operating agreement for Palace Transit.

• Held the first reading of Ordinance 2399, supplemental appropriations of $315,000 from a reserve fund to pay off the 2008 Rec Center streetscape; $6,725 for salaries for emergency medical services, $525 for old age and survivors insurance (OASI) for EMS and $450 for retirement for EMS; $10,000 for professional services for a Rec Center study; $1,100 for a steam table for the nutrition program that needs to be replaced and $5,000 for library expenses.

• Held the second reading of and adopted Ordinance 2395, amending the definition of dog running at large, and held the second reading of and adopted Ordinance 2396, amending the dog leash laws in public parks. Both ordinances make possible a new dog park near the Cadwell Sports Complex.

• Held the second reading of and adopted Ordinance 2398, supplemental appropriation, as amended.

• Approved the 2012 health insurance contract with DakotaCare, which is the current city insurer for its employees.

• Authorized Finance Officer Marilyn Wilson to close the following Capital Project Funds: 520, tax improvement district No. 7 Westwood Development; 527, TID No. 10 MADC Business Park.

• Approved an advance payment for a riparian project to Kunkel Construction. The city was scheduled to pay $200 a year for 15 years but will now pay it off in one effort to reduce bookkeeping.

• Approved an agreement with the state Department of Transportation to approve an amendment for City Project 2010-1, the Lake Mitchell Bike Path.

• Amended the application of the Palace City Lions Club for a special event malt beverage license to include City Hall on April 14 for the Hairball concert.

• Approved the application of Imagine Guild Inc. to hold a street dance on May 26, and to obtain parade, consumption and noise permits.

• Approved raffle requests from the Davison County Democrats, with the drawing to be held May 5; and Heartland Quilters Guild, with the drawing to be held Sept. 8.

• Paul Fenske, of 1100 E. Hanson, asked the council for advice or relief on repeated citations he has received for barking dogs.

Fenske said he has been issued five citations for disturbing the peace since 2009, including two in the last two weeks. The fine is $125.

Overweg said there have been 27 complaints about Fenkse’s dogs since 2009. He said police have advised Fenske to have the dogs muzzled, surgically altered or another solution to be found to cease the noise.

“I get a lot of calls from people saying these dogs are talking to each other,” Sebert said.

The council declined to alter zoning in the neighborhood or make any other special accommodations for Fenske.

• Recognized L.B. Williams Elementary School students from Hallie Tate’s third- and fourth-grade class who attended the first half of the meeting.

Tate said it was part of a twoyear project.

• Approved committee, department and division reports.

• Approved pay estimates.

• Sat as the Board of Adjustment to set an April 2 date for a hearing on the application of Amy Schaefer for a conditional use permit to operate a daycare center in her home at 934 E. Birch Ave.

Tags: city council, news, updates, local, mitchell, sidewalk, alcohol, downtown